|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Laws of the People's Republic of China |
[Database Search] [Name Search] [Noteup] [Help]
| Category | ENVIRONMENTAL PROTECTION | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1996-10-29 | Effective Date | 1997-03-01 |
|
Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution |
|---|
Chapter I General Provisions
Chapter II Supervision and Management of the Prevention and Control of
Environmental Noise Pollution
Chapter III Prevention and Control of Industrial Noise
Chapter IV Prevention and Control of Noise in Construction
Chapter V Prevention and control of Traffic and Transportation Noise
Chapter VI Prevention and Control of Noise in Social Life
Chapter VII Legal Responsibility
Chapter VIII Supplementary Provisions Article 1 This Law is enacted with a view to preventing and controlling Article 2 "Environmental noise" mentioned in this Law refers to the "Environmental noise pollution" mentioned in this Law refers to an Article 3 This Law applies to the prevention and control of environmental This law is not applicable to the prevention and control of noise hazards Article 4 The State Council and local people's governments at all levels Article 5 Local people's governments at all levels, when making plans for Article 6 The environmental protection department under the State council Environmental protection departments of local people's governments at or Departments at all levels of public security, traffic and transportation, Article 7 All units and individuals shall have the obligation to protect Article 8 The state encourages and supports scientific research and Article 9 Units or individuals that have made marked achievements in the Article 10 The environmental protection department under the State Local people's governments at or above the county level shall, in Article 11 The environmental protection department under the State Article 12 When determining the layouts for urban construction, city Article 13 New construction projects, extensions or reconstruction For any construction project which is likely to produce environmental The environmental impact statement shall include views of units and Article 14 Facilities for the prevention and control of environmental Before a construction project is put into operation or use, its facilities Article 15 Enterprises and institutions that produce environmental noise Article 16 Units producing environmental noise pollution shall take The fee thus levied shall be used for the prevention and control of Article 17 Enterprises and institutions that produce serious Those units subject to such an order shall accomplish the task as For small-sized enterprises and institutions, the determination of a time Article 18 The state shall adopt a system of eliminating backward The comprehensive economic administrative department under the State Producers, sellers and importers of backward equipment listed in such a Article 19 In the cases where the discharge of fortuitous strong noise is Article 20 The environmental protection department under the State Monitoring organs of environmental noise shall report the monitoring Article 21 The environmental protection departments and other supervisory The inspectors shall show their certificates when conducting on-site Article 22 "Industrial noise" mentioned in this Law refers to the sound Article 23 The discharge of industrial noise to the neighbouring living Article 24 Industrial enterprises that produce environmental noise Enterprises shall report in time and take necessary prevention and control Article 25 Industrial enterprises that produce environmental noise Article 26 When establishing the national and trade standards for The ranges of noise produced in the use of industrial equipment as Article 27 "Noise in construction" mentioned in this Law refers to the Article 28 The discharge of noise in construction to the neighbouring Article 29 In the cases where machinery and equipment used in the course Article 30 In urban districts where noise-sensitive buildings A construction operation that requires continual work shall have a Operations at night mentioned in the preceding paragraph shall be Article 31 "Traffic and transportation noise" mentioned in this Law Article 32 It is prohibited to manufacture, sell and import automobiles Article 33 Silencers and horns of motor vehicles that run in urban Article 34 Motor vehicles running in urban districts, motor ships sailing The installation and use of sirens on motor vehicles such as police cars, Article 35 Public security organs of people's governments of cities may, Article 36 In the cases where motorways and urban elevated or light track Article 37 In the cases where noise-sensitive buildings are to be built Article 38 Loudspeakers used for conducting operations in such places as Article 39 In the cases where locomotives in operation cause Article 40 Except in the case of its takeoff and landing or in other Article 41 "Noise in social life" mentioned in this Law refers to the Article 42 Commercial enterprises that produce environmental noise Article 43 The discharge of boundary noise produced in newly built places Managers of cultural and recreational places in operation shall take Article 44 It is prohibited to use tweeters or other means that produce In the cases where equipment or installations such as air-conditioners and Article 45 All units and individuals shall be prohibited from using In the cases where acoustic equipment is to be used in recreational Article 46 In the cases where anyone uses electrical household appliances Article 47 In the cases where anyone conducts interior decoration and Article 48 If, in violation of the provisions of Article 14 of this Law, Article 49 If anyone, in violation of the provisions of this Law, refuses Article 50 If anyone, in violation of the provisions of Article 15 of Article 51 If anyone, in violation of the provisions of Article 16 of Article 52 An enterprise or institution that fails to eliminate or The fine mentioned in the preceding paragraph shall be decided by the Article 53 If anyone, in violation of the provisions of Article 18 of Article 54 If anyone, in violation of the provisions of Article 19 of Article 55 If any unit discharging environmental noise, in violation of Article 56 If any construction unit, in violation of the provisions of Article 57 If motor vehicles, in violation of the provisions of Article For motor ships committing the illegal act mentioned in the preceding For locomotives committing the illegal act mentioned in the first Article 58 Anyone who, in violation of the provisions of this Law, (1) using a tweeter in the urban district where noise-sensitive buildings (2) using acoustic equipment in recreational activity or assembly (3) failing to take measures according to the provisions of Articles 46 Article 59 If anyone, in violation of the provisions of the second Article 60 If anyone, in violation of the provisions of the first If people's governments at or above the provincial level decide according Article 61 Any unit or individual that suffers from an environmental A dispute over the responsibility for making compensation or the amount of Article 62 Any supervisory and management person for the prevention and Article 63 For the purpose of this Law, the definitions of the following (1) "Discharge of noise" means the radiation of noise from its source to (2) "Noise-sensitive buildings" mean hospitals, schools, government (3) "Areas where noise-sensitive buildings concentrate" means medical (4) "At night" means the time interval from 22:00 p.m. to 6:00 a.m.. (5) "Motor vehicles" mean automobiles and motorcycles. Article 64 This Law comes into force on the date of March 1, 1997. The
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
Chapter I General Provisions
environmental noise pollution, protecting and improving the living
environment, safeguarding human health and promoting economic and social
development.
sound produced in industrial production, construction, traffic and
transportation and social life so as to disturb the living environment in the
neighbourhood.
situation in which the noise is produced in excess of the standard set by the
state on the discharge of environmental noise so as to disturb others' normal
lives, work or study.
noise pollution within the territory of the People's Republic of China.
suffered by persons who perform their duty in production or business
operations.
shall incorporate the prevention and control of environmental noise pollution
into environmental protection plans, and take economic and technical policies
and measures beneficial to the protection of sound environment.
construction in cities, towns and villages, shall take into full account the
impact of noise produced in construction projects and regional development and
renovation on the neighbouring living environment, and shall make overall
planning and rational arrangement for functional areas and distribution of
constructions so as to prevent or diminish environmental noise pollution.
shall conduct unified supervision and management over the prevention and
control of environmental noise pollution in the whole country.
above the county level shall conduct unified supervision and management over
the prevention and control of environmental noise pollution within their
respective administrative divisions.
railroad, civil aviation and harbour superintendency agencies shall, in
accordance with their respective responsibilities, conduct supervision and
management of the prevention and control of environmental noise pollution
caused by traffic and transportation and social life.
the sound environment and have the right to report on or file charges against
any unit or individual that causes environmental noise pollution.
technological development for the prevention and control of environmental
noise pollution, promotes advanced prevention and control techniques, and
popularize scientific knowledge of the prevention and control of environmental
noise pollution.
prevention and control of environmental noise pollution shall be rewarded by
the people's governments.
Chapter II Supervision and Management of the Prevention and Control of
Environmental Noise Pollution
Council shall establish the national standards for sound environment quality
respectively for various functional areas.
accordance with the national standards for sound environment quality,
designate areas within their administrative divisions for the implementation
of various standards for sound environment quality and conduct management
accordingly.
Council shall, in accordance with the national standards for sound environment
quality and the country's economic and technological conditions, establish the
national standards for the discharge of environmental noise.
planning departments shall, in accordance with the national standards for
sound environment quality and rules of sound insulation for civil buildings,
set rational distances between buildings and main traffic lines for preventing
noises and propose corresponding planning and design requirements.
projects shall conform to the state provisions concerning environmental
protection for such projects.
noise, the construction unit shall propose an environmental impact statement,
with prevention and control measures provided therein, and shall, according to
the procedure specified by the state, submit the same to the environmental
protection department for examination and approval.
residents in the place where the construction project is to be located.
noise at a construction project shall be designed, built and put into
operation simultaneously with the principal part of the project.
for the prevention and control of environmental noise shall be inspected by
the environmental protection department which examined and approved the
environmental impact statement. If the facilities do not conform to the
requirements specified by the state, the said project shall not be put into
operation or use.
pollution shall maintain the normal operation of their facilities for the
prevention and control of environmental noise pollution. Dismantlement or
leaving idle of those facilities shall be approved in advance by the
environmental protection department of local people's governments at or above
the county level.
measures to eliminate and control the pollution and shall pay a fee for
excessive discharge according to the state provisions.
pollution and shall not be embezzled for other uses.
environmental noise pollution in areas where noise-sensitive buildings
concentrate shall be ordered to eliminate and control the pollution within a
time limit.
scheduled. The determination of a time limit for elimination and control of
pollution shall be made by people's governments at or above the county level
within the jurisdiction set by the State Council.
limit for elimination and control of pollution shall be made by environmental
protection departments authorized by people's governments at or above the
county level within the jurisdiction set by the State Council.
equipment that produces serious environmental noise pollution.
Council shall, in consultation with other relevant departments under the State
council, publish a catalogue of backward equipment which produces serious
environmental noise pollution and thus the production, sale and importation of
which shall be prohibited within a time limit.
catalogue as described in the preceding paragraph shall respectively stop
production, sale and importation of them within a time limit set by the
comprehensive economic department under the State Council in consultation with
other departments concerned.
really necessary in the urban districts due to productive activity, an
application shall be filed with the local public security organ and the noise
may be discharged with an approval. The local public security organ shall
publicly announce the discharge.
Council shall establish a monitoring system for environmental noise, work out
monitoring rules and, together with other departments concerned, organize a
monitoring network.
results of environmental noise as required by the environmental protection
department under the State Council.
and management departments or organs for the prevention and control of
environmental noise of local people's governments at or above the county level
shall, according to their respective responsibilities, have the right to
conduct on-site inspections of units under their jurisdiction that discharge
environmental noise. The units being inspected must truthfully report the
situation and provide the necessary information. The inspecting departments or
organs shall keep confidential the technological and business secrets of the
units inspected.
inspections.
Chapter III Prevention and Control of Industrial Noise
produced in the use of fixed equipment in industrial productive activities so
as to disturb the living environment in the neighbourhood.
environment in the urban districts shall conform to the boundary environmental
noise discharge standards set by the state for industrial enterprises.
pollution by using fixed equipment in industrial production must, pursuant to
the provisions of the environmental protection department under the State
Council, report to the environmental protection departments of local people's
governments at or above the county level the types and numbers of their
existing equipment producing environmental noise pollution, the ranges of
noise produced by the equipment under normal operation conditions, and the
situation of facilities for the prevention and control of environmental noise
pollution, and also provide technical data concerning the prevention and
control of environmental noise pollution.
measures if any substantial change occurs in the types and numbers of the
equipment producing environmental noise pollution, the ranges of noise
produced, and the prevention and control facilities.
pollution shall take effective measures to reduce the impact of noise on the
neighbouring living environment.
products according to law, the competent departments under the State Council
shall, in accordance with the requirements of sound environment protection and
the country's economic and technological conditions, gradually impose
restrictions on the ranges of noise for industrial equipment that is likely to
produce environmental noise pollution.
mentioned in the preceding paragraph shall be clearly noted in the relevant
technical documents.
Chapter IV Prevention and Control of Noise in Construction
sound produced in the construction of buildings and structures so as to
disturb the living environment in the neighbourhood.
living environment in the urban districts shall conform to the boundary
environmental noise discharge standards set by the state for construction
sites.
of construction are likely to produce environmental noise pollution within
urban districts, the construction unit shall, 15 days before the construction
starts, report to the environmental protection department of local people's
government at or above the county level in the place where the construction
project is to be located, the name, site and time limit of the project, the
range of environmental noise it is likely to produce and measures for the
prevention and control of environmental noise.
concentrate, it is prohibited to conduct construction operations at night
which are likely to produce environmental noise pollution, except those for
rush repairs or for rescue work and those which require continual work due to
productive arts or some special needs.
certificate issued by the people's government at or above the county level or
the competent department concerned.
announced to the neighbouring residents.
Chapter V Prevention and Control of Traffic and Transportation Noise
refers to the sound produced by means of traffic and transportation in
operation such as motor vehicles, locomotives, motor vessels and aircraft so
as to disturb the living environment in the neighbourhood.
that produce noise in excess of the restrictions imposed on the range of noise.
districts shall meet the requirements set by the state. Motor vehicles shall
be well-maintained and well-kept to good technical conditions and functions
for the prevention and control of environmental noise pollution.
along waterways in inland rivers within urban districts and locomotives
running through or entering urban districts or recuperate districts shall use
their sounding devices as stipulated.
fire engines, engineering salvage vehicles and ambulances shall conform to the
provisions of the public security department under the State Council. When
performing non-emergency duties, they shall be prohibited from using sirens.
according to the requirements for regional sound environment protection in
their urban districts, determine the sections of roads and time periods on and
during which drivers are prohibited from running motor vehicles and using
their sounding devices, and then publicly announce them.
railroads to be built run through the areas where exiting noise-sensitive
buildings concentrate and are likely to produce environmental noise pollution,
sound barriers shall be set up or other effective measures shall be taken for
the prevention and control of environmental noise pollution.
on either side of existing main urban traffic lines, the construction unit
shall set a proper distance in between as required by the state and shall take
measures to reduce and eliminate the impact of traffic noise.
stations, railroad marshalling yards, harbours, wharves and airports, shall be
controlled in volume to reduce the impact of noise on the neighbouring living
environment.
environmental noise pollution to residential areas or cultural and educational
areas in cities where railroads pass through, local people's governments of
the cities shall organize the railroad departments and other departments
concerned to formulate plans for reducing environmental noise pollution. The
railroad departments and other departments concerned shall, according to the
requirements of the plans, take effective measures to reduce environmental
noise pollution.
circumstances provided for by the law, civil aircraft may not fly over urban
districts. People's governments of cities shall determine areas surrounding
the obstacle clearance zones for aircraft's takeoff and landing and restrict
the construction of noise-sensitive buildings within such areas. If
noise-sensitive buildings are to be built within the said areas, the
construction unit shall take measures to reduce and avert the impact of noise
produced by aircraft in operation. Civil aviation departments shall take
effective measures to reduce environmental noise pollution.
Chapter VI Prevention and Control of Noise in Social Life
sound produced in human activities so as to disturb the living environment in
the neighbourhood not including industrial noise, noise in construction and
traffic and transportation noise.
pollution by using fixed equipment in business operations in urban districts
where noise-sensitive buildings concentrate shall, pursuant to the provisions
of the environmental protection department under the State council, report to
the environmental protection department of local people's governments at or
above the county level the situation of their exiting equipment producing
environmental noise pollution and their facilities for the prevention and
control of environmental pollution noise.
of culture and recreation must conform to the standards set by the state for
the discharge of environmental noise. For those that fail to meet the
standards set by the state for the discharge of environmental noise, the
cultural administrative departments may not issue the permits for cultural
business, and the industrial and commercial departments may not issue the
business license.
effective measures to control their boundary noise not exceeding the state-set
standards for the discharge of environmental noise.
high noise in business operations to solicit customers.
cooling towers are used in business operations and are likely to produce
environmental noise pollution, the managers shall take measures to control
their boundary noise not exceeding the standards set by the state for the
discharge of environmental noise.
tweeters in urban districts where noise-sensitive buildings concentrate.
activities or assemblies held in public places within urban districts such as
streets, squares and parks and is likely to produce too high a volume of
sound disturbing the neighbouring living environment, the organizers shall
comply with the provisions of local public security organs.
or musical instruments or conducts other indoor activities of family
recreation, he shall control the volume of sound or take effective measures to
avert environmental noise pollution caused to neighbouring residents.
rehabilitation of residential houses already built and put into use, he shall
restrict his operation time or take other effective measures to reduce and
avert environmental noise pollution caused to neighbouring residents.
Chapter VII Legal Responsibility
a construction project is put into operation or use when its facilities for
the prevention and control of environmental noise pollution have not been
built as an auxiliary part or fail to meet the requirements set by the state,
the environmental protection department responsible for the examination and
approval of the environmental impact statement on the construction project
shall order the suspension of its operations or use and may concurrently
impose a fine.
to report or submits a false report on items for which registration is
required for the discharge of environmental noise, the environmental
protection department of local people's government at or above the county
level may, according to the circumstances of the case, give him a warning or
impose a fine.
this Law, dismantles or leaves idle the facilities for the prevention and
control of environmental noise pollution without prior approval by the
environmental protection department and thereby discharges environmental noise
in excess of the prescribed standards, the environmental protection department
of local people's government at or above the county level shall order him to
make corrections and concurrently impose a fine.
this Law, refuses to pay the fee for excessive discharge of noise according to
state provisions, the environmental protection department of local people's
government at or above the county level may, according to the circumstances of
the case, give him a warning or impose a fine.
control pollution within a time limit by violating the provisions of Article
17 of this Law shall, as provided for by the state, pay a fee for excessive
discharge; in addition, a fine may be imposed on it on the basis of the damage
incurred, or the enterprise or institution may be ordered to suspend its
operations, move to a new site or close down.
competent environmental protection department. Orders for the suspension of
operations, moving to another site or shutdown of enterprises or institutions
shall be decided by people's governments at or above the county level within
the jurisdiction set by the State Council.
this Law, produces, sells or imports prohibited equipment, the comprehensive
economic administrative department of people's government at or above
the county level shall order him to make corrections. When the cases are
serious, the comprehensive economic administrative department of people's
government at or above the county level shall propose to the people's
government at the same level for an order of suspension of operations or
shutdown made within the jurisdiction set by the State Council.
this Law, conducts productive activity that discharges fortuitous strong
noise without the approval of the local public security organ, the public
security organ shall, according to the circumstances of the case, give him a
warning or impose a fine.
the provisions of Article 21 of this Law, refuses an on-site inspection or
resorts to trickery and fraud during inspection by the competent environmental
protection department or another department or organ exercising supervision
and management of environmental noise under this Law, the environmental
protection department or another department or organ exercising supervision
and management of environmental noise under this Law may, according to the
circumstances of the case, give it a warning or impose a fine.
the first paragraph of Article 30 of this Law, conducts prohibited
construction operations at night which produce environmental noise pollution
in urban districts where noise-sensitive buildings concentrate, the
environmental protection department of local people's government at or above
the county level in the place where the construction project is located shall
order it to make corrections or may concurrently impose a fine.
34 of this Law, fail to use sounding devices as stipulated, the local public
security organs shall, according to the circumstances of the cases, give a
warning or impose a fine.
paragraph, the harbour superintendency agencies shall, according to the
circumstances of the cases, give a warning or impose a fine.
paragraph, the competent railroad departments shall impose disciplinary
sanctions upon the person involved.
commits any of the following acts shall be given a warning and may be
concurrently imposed a fine by the public security organ:
concentrate;
held in a public place within the urban district such as a street, square or
park by violating the provisions of the local public security organ, and
thereby producing too high a volume of sound that disturbs the neighbouring
living environment; or
and 47 of this Law and discharging environmental noise from his residential
house that seriously disturbs the neighbouring residents' lives.
paragraph of Article 43 or the second paragraph of Article 44 of this Law,
produces environmental noise pollution, the environmental protection
department of local people's government at or above the county level shall
order him to make corrections and may concurrently impose a fine.
paragraph of Article 44 of this Law, produces environmental noise pollution,
the public security organ shall order him to make corrections and may
concurrently impose a fine.
to law that the environmental protection departments of local people's
governments at or above the county level exercise the right of imposing
administrative sanctions as stipulated in the preceding paragraph, the
decision shall prevail.
noise pollution hazard shall have the right to demand the elimination of the
hazard by the polluter. The polluter shall make compensation according to law
if losses have caused.
compensation may, at the request of the parties, be settled under
reconciliation by a competent environmental protection department or another
supervisory and management department or organ for the prevention and control
of environmental noise; if a party refuses to accept the decision, it may
bring a suit before a people's court. The party may also bring a suit before
the people's court directly.
control of environmental noise pollution who abuses his power, neglects his
duty or engages in malpractices for personal gains shall be given disciplinary
sanction by the unit to which he belongs or the competent higher authorities;
if his act constitutes a crime, he shall be investigated for criminal
responsibility according to law.
Chapter VIII Supplementary Provisions
terms are:
the neighbouring living environment.
organs, scientific research institutions, residential houses and other
buildings which need to keep quietness.
areas, cultural and educational and scientific research areas and areas mainly
composed of government organs or residential houses.
Regulations of the People's Republic of China on the Prevention and Control of
Environmental Noise Pollution promulgated by the State Council on September
26, 1989 shall be annulled therefrom.
URL: http://www.asianlii.org/cn/legis/cen/laws/pacoenp584